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Reports of Cases Decided in the Supreme Court of the State of North Dakota (Volume 8)

Reports of Cases Decided in the Supreme Court of the State of North Dakota (Volume 8)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900-01-01. Excerpt: ... CONTRACTS. See Rat1f1cat1on, 608; Ultra V1res, 608; Landlord And Tenent, 419, 121; Statute Of Frauds, 153; Vendor And Purchaser, 306. The relinquishment of a timber culture entry to enable another person to file a homestead entry, is a sufficient consideration to support an agreement that the relinquishing party might continue to crop the land where the latter had placed valuable improvements upon the property. Peoples v. Evans, 121. The mere delivery of goods under an oral agreement within the statute of frauds will not validate the contract, but there must be a voluntary receipt and acceptance of the property on the part of the buyer. Dinnie v. Johnson, 153. A contractor who has substantially performed a building contract, sav-ing innocent and unintentional deviations and omissions capable of being remedied, may recover the agreed price, less the expense of repairing the defects and omissions; but is not entitled to payment where he intentionally deviated from the contract in important partic-ulars not easily remedied. Anderson v. Todd, 158. In a contract of sale of real property it was provided that payment should be made by delivering to the vendor, in an elevator, the one-half of all grain raised on the premises each year, and that until such delivery the title to the entire crop should remain in the vendor. Held, nevertheless, that while the contract remained in force the vendee was entitled to the possession of said crop for the purpose of threshing and preparing it for delivery as specified in the contract. Boyum v. Johnson, 306. Where, in a contract, it was provided that default in the performance of any of the covenants therein contained should at the election of the vendor, render such contract void, and there was a default in the covenan...


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Product Details
  • ISBN-13: 9781154245790
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 334
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1154245799
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 599 gr


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